Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Common law (3)
- Fairness (2)
- History (2)
- State courts (2)
- Acquisitions (1)
-
- Anti-racketeering law (1)
- Antitrust law (1)
- Bidders (1)
- Charter application (1)
- Civil Rico Actions (1)
- Civil law (1)
- Common Law (1)
- Constitutions (1)
- Contract theory (1)
- Corporate Law (1)
- Corporate law (1)
- Corporate takeover (1)
- Corporations (1)
- Crime (1)
- Decision-making (1)
- Discrimination (1)
- Dolphin Delivery (1)
- Employee discharge (1)
- Employees (1)
- Employment at will (1)
- Employment contracts (1)
- England (1)
- Equal protection (1)
- Equality (1)
- Hostile bidders (1)
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Washington Law Review
The procedural due process questions raised by Section 401 differ in substantial ways from questions in traditional procedural due process cases. In most of the decided cases a governmental body or a private individual was attempting to harm the interests of the person claiming due process protection. Due process requirements were established as protections for the defendant. Only a few of the cases involved a claim of due process in access to a judicial remedy. Persons contesting the constitutionality of Section 401 will argue that the limitations imposed and the procedures required by that Section fail to meet the requirements …
The Foundations Of The Right To Die, Peggy L. Collins
The Foundations Of The Right To Die, Peggy L. Collins
West Virginia Law Review
No abstract provided.
Legal Theory And Common Law, Robert R. Morse Jr.
Legal Theory And Common Law, Robert R. Morse Jr.
Michigan Law Review
A Review of Legal Theory and Common Law edited by William Twining
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
Michigan Law Review
A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler
Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman
Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman
University of Miami Law Review
No abstract provided.
The Supreme Court's Limiting Of First Amendment Protection For Defendants In Defamation Cases, Gregory L. Hughes
The Supreme Court's Limiting Of First Amendment Protection For Defendants In Defamation Cases, Gregory L. Hughes
North Carolina Central Law Review
No abstract provided.
Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans
Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans
LLM Theses and Essays
Acquisitions of United States corporations have become increasingly complex takeover contests, where bidders and target corporations are forced into offensive and defensive litigation strategies to protect their respective interests. Targets often assert that the bidders have violated federal or state securities laws, federal antitrust laws, federal margin regulations, federal and state regulatory systems, and federal anti-racketeering laws. These lawsuits are primarily based on the principal federal regulation of takeovers in section 14(a) of the Securities and Exchange Act of 1934 and the Williams Act. Target litigation is customary, but entails certain disadvantages; a lawsuit rarely stops an offer, is expensive, …
Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier
Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier
Dianne Pothier Collection
A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department …
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
Articles & Book Chapters
The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
Articles
A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …
Rethinking The Rules Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, Anita L. Allen
Rethinking The Rules Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, Anita L. Allen
All Faculty Scholarship
No abstract provided.
A Shorn Beard, Tim Quigley
A Shorn Beard, Tim Quigley
Dalhousie Law Journal
One of the prominent features of the common law is the concept of stare decisis. As a mechanism to provide certainty and predictability in the law, it is invaluable. Nonetheless, the doctrine of binding precedent, essential though it is to the orderly development of the law, can be misused. At times, the disingenuous application of stare decisis can lead to severe distortion of the law from what was actually meant in the case being cited as authority. Such, I submit, is the case with the intoxication rules.
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.